Allahabad High Court
Raj Bahadur Singh @ Raju Singh vs State Of U.P. on 24 November, 2020
Author: Vivek Chaudhary
Bench: Vivek Chaudhary
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 15 Case :- BAIL No. - 9573 of 2020 Applicant :- Raj Bahadur Singh @ Raju Singh Opposite Party :- State of U.P. Counsel for Applicant :- Ram Saran Awasthi Counsel for Opposite Party :- G.A. Hon'ble Vivek Chaudhary,J.
Heard learned counsel for applicant and learned A.G.A. and perused records.
The present bail application has been filed by the applicant in case crime No.302 of 2020 under Section 8/21 NDPS Act PS Haidergarh, distt. Barabanki.
Submission of learned counsel for applicant is that The alleged recovered material shown from the possession of applicant is of 75 gms. which is under commercial quantify. The implication of the applicant is false and frivolous. The arresting Officer has not complied with the provisions of Section 50, 52A of NDPS Act and there is no public eye witness of the alleged recovery.
Learned A.G.A. has, however, opposed the prayer for grant of bail but he has not disputed the above contention made by the learned counsel for accused-applicant.
Considering the facts and circumstances of the case, perusing the record and also considering the nature of allegations, arguments advanced by the learned counsel for parties and without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail.
Let the applicant Raj Bahadur Singh alias Raju Singh be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following additional conditions, which are being imposed in the interest of justice:-
(1) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.
(2) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.
(3) The applicant will not tamper with the prosecution witnesses.
(4) The applicant will not indulge in any illegal activities during the period of bail.
(5) In case of breach of any of the above conditions, the trial court would be at liberty to cancel the bail of the applicant.
Order Date :- 24.11.2020 Rajneesh JR-PS) (Vivek Chaudhary, J.)